Ccbc cel help me

linsforbes

I have just received particulars of claim, what should I do??

Rec'd PCN in post dated 30/07/2015 £60 if paid within 14 days, from CEL
Rec'd PCN in post dated 02/09/2015 £100. Phoned to ask exact location of car park, no information given.
Rec'd letter 21/04/2016 ZZPS stating £200 . PHoned to ask exact location of car park, no information given.
REc'd letter 05/05/2016 ZZPS stating £200, was owed
REc'd letter from Wright Hassall requesting £236
Re 'd letter from Wright Hassall requesting £236
I had been taking advice on line from this and other forums
20/07/2016 I then emailed Wright Hassall asking, what type of car park, what contravention gives cause of action, who contravened your rules, who are you pursuing, have you followed rules in the Protection of Freedom act 2012, how was £234 made up? Followed by a list of procedures that must be adhered to.
30/07/2016 had e mail response, inflatinting original charge to £140 ZZPS fee £60 SOlicitors fee £36. And a couple of paragraphs of how that manage clients car parks, but it's exact location.
01/07/2016 I emailed again requesting again copy of Original PCN, signage etc to operate the land in question (I still don't know exactly where it is) asked who they were pursuing, and why had the original charge been inflated to £140!
18/07/2016 response from Wright Hassall was that it was commercially sensitive information as to who owned the land!, finishing with we have referred this to our client for further documentary evidence and will return to you in due course.
COunty Court Business Centre claim received 17/10/2017 dated 09/10/2017. £277.69, £41.36 interest plus £25 Court fee and £50 legal representatives fee, total £352.69
Following all advice on line, I responded on line saying I would defend.
27/10/2017 re wives Particulars of Claim, dated 11/10/2017. Slow post these days!! Anyway at long last I know where the site is... Future Inns , Bristol. They state that there are cameras in and out of car park.

So should I have this documentary evidence, I have no prior knowledge of a PCN on windscreen or indeed who was driving. I don't see paying this claim. I need to file a defence and need serious help.

Redx

read post #38 of this thread

https://forums.moneysavingexpert.com/discussion/5722800

then read post #2 of the NEWBIES FAQ sticky thread

does it say POC to follow within 14 days ? or not ?

have you already done the AOS online ?

Unicorn51

Did you receive a Letter Before Claim, you didn't mention receiving one.

linsforbes

Yes I received a letter from Wright Hassall, which was accepted as letter before Court . Response was with help from on line website.

I has asked exact location of offence, we I had no idea where it was exactly. Also proof, I.e. Photos of signage and photo of car. THeir response 18/07/2016 was that they were referring the matter to their client for further documentary evidence and the account had been placed on hold. The next I heard was 17/10/2017 , CCBC Claim,

Umkomaas

does it say POC to follow within 14 days ? or not ?

have you already done the AOS online ?

These were the two most important questions so far asked, and are crucial to the way you are advised. You seem to have ignored them.

You’ll find that regulars don’t often come back with reminders, if you don’t respond, neither will we, I’m sorry, but the board is so busy, threads slide rapidly to page 3 if no response - and into oblivion.

linsforbes

Sorry, I've been re reading threads, the more I read the more I am panicking.
I have done AOS on line, yes I have received particulars of claim. Dated 11/10/2017 received
27/10/2017. This states the exact location of site. The first document to do so. Please don't abandon me. I need all the help I can get.

Umkomaas

I have received particulars of claim. Dated 11/10/2017 received
27/10/2017.

Do you have the envelope which contained the POC? That should be date stamped. If you haven’t already noticed, there is a big discrepancy between the date of the POC and the date on the envelope, giving you precious little chance to put your defence together. It’s a pressure tactic. I think you should ask them why there has been a delay in providing the POC - scan a copy of the date on the envelope and attach to your letter. Other regulars might also chip in on this.

Their POC must now comply with latest Justice Department requirements in regard to what the creditor must disclose in their POC - so please study closely the following link and check that everything they are required to provide has been provided (I bet there are huge gaps).

Put the list of omissions up here, plus any other information you think you would want from them. We’ll take a look over it and let you know what we think.

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

Which solicitors are shown on the N1 court document?

I’m not the court expert on here, so hopefully one (of the very few with court knowledge) will pick this up later.

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/pre-action-protocol-for-debt-claims.pdf

Redx

some of these questions etc relate to the new PaP protocols and to see if they have been followed or not

we are also checking to see if any POC has been issued and what they might be , plus if the AOS has been done because this may mean that you have inadvertently accepted the POC and may alter the due date for your defence to be in

stop panicing , stop rushing , once people here can read the facts they are more likely to advise you, and answer any questions that are relevant (but not personal ones)

in any case , start to draft your defence in word , ready to post on here for critique

if necessary , phone the CCBC on monday and find out when your defence "due date" actually is , then you can calm down and ensure its done and submitted before that due date

linsforbes

Thanks, envelope was date stamped 26/10/2017. Arrived day after posting but took 15 days to put in an envelope!
Where is N1 court document, cannot see any SOlicitors named on claim form or particulars of claim.

They claim car park has cameras on entry and exit, no photos supplied. So was the car there?
No photos of signage, as proof of contract presumably?
No copy of Original PCN was it put on the car?
Therefore no evidence of any offence.

Surely these should be provided.

Umkomaas

Where is N1 court document, cannot see any SOlicitors named on claim form or particulars of claim.

The N1 is the formal notification of the claim from the Northampton CCBC, showing the details. Often PPCs use solicitors to deal with the case and their details, if being used, are shown in the box ‘Address for sending documents and payments’. But equally that box could simply show the claimant’s details. I was just interested to see if Wright Hassall were involved in dealing with this. They obviously are not.

They claim car park has cameras on entry and exit, no photos supplied.

Not likely to be of use to you.

No photos of signage, as proof of contract presumably?

You can ask for them, but ask for the signage from that particular car park, otherwise you might just get stock copies. Do you have your own photos of the signage?

More important would be an unredacted, contemporaneous copy of the landowner contract/authority to operate the car park and to pursue charges through the courts.

No copy of Original PCN was it put on the car?

There wouldn’t be a windscreen ticket with ANPR capture. Windscreen ticketing is not a standard CEL modus op.

linsforbes

I haven't got my own photos as it's now 120 miles from where I live (Cornwall)
Surely I should have had this information earlier, before Court proceedings.
Anyway photos from the cameras should be dated and timed, or can that we edited?
I asked Wright Hassall for all this information back in June 2016, they said that ownership I'd land was sensative and has been referred "to our client for further documentary evidence"

I have tried logging onto moneyclaim, but now cannot log in, just wanted to see if there anything else on there.

Have downloaded pre action protocol, will go through it and highlight anything I can add to my defence, if I end up in court I only really want things in my defence I can really understand.

Thanks for continued support, but posts seem to take hours to show up, maybe it's my internet.